2014 Platting Law Changes - WSLS Spring Seminar - doa.wi.gov · Changes to the WI Platting Law May...

Changes to the WI Platting Law

May 30,. 2014 WSLS Spring Seminar 1

2013 WI ACT 272

2013 WI ACT 280

2013 WI ACT 358

Changes to the WI Platting Law Land Surveyor

Old law:

Surveys and plats/maps done by

“Licensed Land Surveyor” and/or

“Registered Land Surveyor”


Changes to the WI Platting Law Land Surveyor

New law:

“Professional Land Surveyor”

“Licensed Land Surveyor” and

“Registered Land Surveyor” have been

replaced throughout Ch. 236.

Effective 8/1/14


Changes to the WI Platting Law Plat Submittals

Old law: Two submittal processes outlined in the statute

Clerks submittal process

Surveyors submittal process



New law:

Submittal process streamlined into single process

Reflects the process currently being used

Electronic submittals allowed by statute

Effective 8/1/14



New law: Surveyor submits plat to Plat Review and any

approving authorities

Plat Review submits plat to any objecting review

authorities

Plat Review makes the record document and certifies

on behalf of all objecting authorities

Surveyor presents certified plat to approving authorities

for final approval and signature

Signed plat is filed/recorded with Register of Deeds

Effective 8/1/14



Review of existing law:

Review time limits remain the same

Approving authorities have 90 days for preliminary

plats; 60 days for final plats

Objecting authorities have 20 days

Plat Review has 30 days




Final plats, submitted within 36 months, that

‘substantially conform’ to the preliminary plat are

entitled to approval

Approving authorities can permit final plats that

are a portion of the preliminary plat (phased

developments)




Approval is based upon any ordinance that is in

effect when the subdivider submits a preliminary

plat, or final plat if no preliminary plat is submitted

Approving authorities can require the subdivider to

install public improvements and to provide security

to insure that the installation is completed


Changes to the WI Platting Law Security for Improvements

Old law: Approving authorities could require a surety bond

or other acceptable security

Improvements are made within a reasonable time

A specified portion of the cost of improvements

shall be paid in advance



New law: The subdivider decides if security will be a

performance bond or letter of credit

The amount of security shall be not more than 120%

of the estimated total cost of improvements

Security may not be required for more than 14

months after the improvements are “substantially

completed”

Effective 8/1/14



New law: Thereafter, any withheld security may not be more than

the cost to finish the remaining improvements plus 10%

of the total cost of the completed improvements

This applies to all plats as of 8/1/14, even if plats were

submitted for review prior to 8/1/14

Effective 8/1/14



New law: “Substantially complete” is the time the binder coat is

installed on streets/roads

If improvements are not streets/roads then when 90%

of the public improvements ‘by cost’ are completed

Effective 8/1/14


Changes to the WI Platting Law Final Plats

Old law:

Margins for recordable document were 1 ½” binding

margin of the left, 1” margins on remaining sides



New law:

Plats shall have 1” margins on all sides

Effective 8/1/14



Old law:

All land dedicated to the public, except roads and

streets shall be clearly labeled “Dedicated to the

Public”



New law:

All lands dedicated to the public shall be clearly

labeled “Dedicated to the Public”

Effective 8/1/14



Old law:

Description of land in the Surveyor’s Certificate

By metes and bounds, commencing from an original

government corner……; or

If land is located in a record subdivision or a

recorded addition thereto, the land shall be

described by the lot number, block and subdivision

name previously tied to a corner of the PLSS



New law:



government corner…..; or


recorded addition thereto, or recorded certified

survey map that has been previously tied to the

monumented line of a ¼ section, GL, PC …and shall

be described by lot, block, subdivision name or CSM

number

Effective 8/1/14



Old law:

Recording a plat

Contains a permanent nonfading black image on

durable white media

Media is 22 inches wide by 30 inches long

Complies with s. 59.43 (2m)(b)4., Wis. Stats.

Bears the Departments certification of no objection



New law:

Recording a plat

Contains a permanent nonfading black image on

durable white media or on other media that is

acceptable to the Register of Deeds

Media is 22 inches wide by 30 inches long

Complies with s. 59.43 (2m)(b)4., Wis. Stats.

Bears the Departments certification of no objection

Effective 8/1/14




Recording time limits for a plat

Plat must be recorded within 12 months of the last

approval; and within 36 months of the first approval

The plat contains all of the signed certificates and

affidavits required by s. 236.12(3) & 236.21

Recording time limits begin when approval

certificates are signed on the recordable document


Changes to the WI Platting Law Water

Old law:

“Lake and Stream Shore Plats”

Dedicated public access shall extend to the low

water mark

Public access established per Ch. 236 may only

be vacated by circuit court action

Land lying between the meander line and the

waters edge shall be included within the

lots/outlots on the plat

Location of ordinary high water mark not

addressed



New law: “Lake and Navigable Stream Shore Plats..”

Dedicated public access shall extend to the waters

edge

Public access established per Ch. 236 may be

vacated by circuit court action –or– may be

discontinued under s. 66.1003 & 66.1006

Effective 8/1/14



New law: Land lying between the meander line and the

waters edge shall be included within the

lots/outlots on the plat and certified survey map

Water elevations at the date of the survey and the

approximate high water elevation must be shown

on the final plat

Effective 8/1/14



New law: “Ordinary high water marks” for monumentation and

meander lines. Surveyors may:

Show an ordinary high water mark on plat/map

that has been determined by the DNR or

otherwise determined pursuant to law

Approximate the ordinary high water mark and

show its location on the plat/map

Effective 8/1/14



New law: “Approximated ordinary high water marks”

“The location of the approximate ordinary high water

mark shall be the point on the bank of a navigable

stream or on the shore of a lake up to which the

presence and action of surface water is so

continuous as to leave a distinctive mark by erosion,

destruction of terrestrial vegetation, or other easily

recognized characteristics.”

Effective 8/1/14



New law: “Approximated ordinary high water marks”

“For purposes of this section, a map, plat, or survey

that shows an approximate ordinary high water mark

shall state on its face that the mark is shown for

reference only.”

Effective 8/1/14



New law: “Public Trust Information”

A subdivision plat or a CSM that includes lots/outlots

that extend to the waters edge per s. 236.16(4) shall

show on its face the following statement:

"Any land below the ordinary high water mark of a

lake or a navigable stream is subject to the public

trust in navigable waters that is established under

article IX, section 1, of the state constitution."

Effective 8/1/14




A 60’ public access to the water’s edge,

connected to existing public roads, at not more

than ½ mile intervals is required; unless

Wider access at greater intervals is agreed

upon by DNR and DOA


Changes to the WI Platting Law Certified Survey Maps

Old law:

CSMs contain up to 4 parcels of land consisting of

lots and outlots

All corners of the CSM shall be monumented

A CSM may be used to dedicate streets and other

public areas when Owners’ and Mortgagees’

Certificates are included and the CSM is approved

by the local unit of government



Old law:



government corner……; or


recorded addition thereto, the land shall be

described by the lot number, block and subdivision

name previously tied to a corner of the PLSS

No vacation process



New law: Monuments that fall within a street, the monument

shall be placed at the side line/right of way

CSMs may be used to dedicate streets, public

areas, and may grant easements to the public or

any person, society, or corporation when Owners’

and Mortgagees’ Certificates are included and the

CSM is approved by the local unit of government

Recording time limits are 12 months from last

approval; 36 months from the first approval

Effective 8/1/14



New law:



government corner…..; or


recorded addition thereto, or recorded certified

survey map that has been previously tied to the

monumented line of a ¼ section, GL, PC …and shall

be described by lot, block, subdivision name or CSM

number

Effective 8/1/14



New law: Circuit court vacation

A CSM, or part of a CSM, may be vacated by the

circuit court. The application may be made by:

The owner of any lot or outlot in the land that is the

subject of the CSM

The county board if the county has acquired an

interest by tax deed

Effective 8/1/14



New law: Expanded use of CSMs

A local unit of government may allow more than 4

parcels on a CSM when:

They have an established planning agency;

A ordinance is enacted or resolution is passed;

A maximum number of parcels is specified; and

Land is zoned commercial, industrial or mixed use

Effective 4/18/14




Requirements for passing an ordinance/resolution:

Receive recommendation from planning agency

Hold a public hearing noticed by publishing a class

two notice

Enacted ordinance/resolution shall be published in

a form suitable for public distribution

Effective 4/18/14




Such enacted ordinance/resolution by a city or

village may be applied to the extraterritorial plat

approval jurisdiction area

When local units of government have conflicting

requirements for these CSMs, the most restrictive

requirements apply

Effective 4/18/14



New law: Review of Expanded CSMs

Expanded CSMs that reconfigure lots/outlots

within a record plat, assessors plat or CSM, where

no additional parcels are created – are NOT

reviewed by DOA

Expanded CSMs that create additional lots, in or

out of a plat or map, ARE submitted to DOA for

review (20 day review period; $100 per map)

Effective 4/18/14



New law: Review of Expanded CSMs

Expanded CSMs that abut a state highway or

connecting highway and change the exterior

boundary of a plat or CSM must be submitted to

DOT for review

Expanded CSMs that are located in the City of

Milwaukee are not subject to state review

Effective 4/18/14


Plat Review

101 E. Wilson St. 9th FL

Madison, WI 53703

(608) 266-3200

[email protected]

http://doa.wi.gov/platreview

May 30,. 2014 WSLS Spring Seminar

mailto:[email protected]

2014 Platting Law Changes - WSLS Spring Seminar - doa.wi.gov · Changes to the WI Platting Law May...

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